Opinion
1:20-cv-01735-NE-BAM (PC)
07-13-2021
PABLO PIÑA, Plaintiff, v. YSUSI, et al., Defendants.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS (DOC. NO. 12)
Plaintiff Pablo Piña is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983.
On May 11, 2021, the assigned magistrate judge screened plaintiff's first amended complaint and issued findings and recommendations that this action proceed on two of plaintiff's claims: a claim for excessive force against defendant Ysusi for shooting plaintiff with a “launcher” after a fight in the prison yard had stopped; and a claim for retaliation against defendant J. Gonzales. (Doc. No. 12.) The magistrate judge further recommended that all other claims and defendants be dismissed from this action for failure to state a cognizable claim for relief. (Id.) The findings and recommendations were served on plaintiff and contained notice that any objections were to be filed within fourteen (14) days after service. (Id. at 9.) No. objections have been filed, and the deadline to do so has expired.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds the findings and recommendations to be supported by the record and by proper analysis.
Accordingly,
1. The findings and recommendations issued on May 11, 2021, (Doc. No. 12), are adopted in full;
2. This action shall proceed on plaintiffs first amended complaint, filed April 26, 2021, (Doc. No. 10), against defendant Ysusi for excessive force in violation of the Eighth Amendment and against defendant J. Gonzales for retaliation in violation of the First Amendment;
3. All other claims and defendants are dismissed from this action for failure to state a cognizable claim for relief; and
4. This action is referred back to the magistrate judge for proceedings consistent with this order.
IT IS SO ORDERED.